Reading RoomOn 16 June 2011, the Minister for Planning introduced a bill into the NSW parliament which will, if it becomes an Act, repeal Part 3A of the Environmental Planning & Assessment Act 1979 (Act).
In its place, the bill establishes an approval process for two new classes of development: State significant development and State significant infrastructure.
To view full update, please download PDF
Two recent decisions, one in the District Court and one in the Land and Environment Court, have wide ranging implications for Councils – one in respect of liability, and the other in relation to the fees and charges Councils can impose.
Both decisions will have an impact on council resources.
The decision by the District Court highlights the onus placed on councils by the law to discharge their duties reasonably. The decision provides commentary on the persons councils owe a duty of care, the circumstances where such a duty might be breached, as well as some important judicial consideration of section 44 of the Civil Liability Act 2002 which provides an exclusion to liability in certain circumstances where a council fails to consider exercising a function or prohibit or regulate an activity.
To view full update, please download PDF
The Tribunal's determination in Tan v Kingston City Council [2001] VCAT 470 is likely to come as a surprise to those councils that have regarded the local law exemption in clause 62.01 of their planning scheme as applying to clause 52.27.
The Tribunal in Tan needed to consider whether clause 62.01 of the Kingston Planning Scheme applied to exclude clause 52.27 …
Changes announced by the NSW Government in relation to Affordable Rental Housing affect new and existing applications for in-fill development, boarding houses and social housing.
Amendments to the Affordable Rental Housing SEPP
On 20 May 2011, the NSW Government announced changes to the State Environmental Planning Policy (Affordable Rental …
Federal funding of local infrastructure projects
The Federal Government will introduce a hardline approach to Local Councils which fail to deliver Commonwealth-funded infrastructure projects within set time frames.
Click here to read how this will affect the retainment of your funding.
Transitional arrangements pending …
On 8 April 2011, the State Government amended clause 52.27 to planning schemes by way of Amendment VC79 (Am VC79).
The amendment was prepared by the Minister for Planning in consultation with Responsible Alcohol Victoria and the Department of Justice, who both support the amendment.
In essence, Am VC79 makes clear that a permit is now required …
On 17 March 2011, the Tribunal (per Deputy President Dwyer) made orders which will have a significant impact on the application of clause 52.28 to gaming venues which had gaming machines prior to 18 October 2006.
In McKinnon Hotels Pty Ltd v Glen Eira City Council, the Tribunal ruled that if a venue had electronic gaming machines prior to 18 October 2006 – that being …
On 25 February 2011 the Guidelines for Environmental Upgrade Agreements were published in the NSW Government Gazette. This update will inform you of what environmental upgrade agreements are, what are the benefits for Councils, and the requirements for Council involvement.
The Tribunal announced this morning the suspension of the Major Cases List (MCL) effective today.
The suspension of the MCL includes the suspension of the practice note for the MCL and the timeframes included within that practice note. Accordingly, cases within the MCL will no longer have a hearing allocated within 12 weeks and a decision within 16 weeks …
The period leading up to Christmas and holidays was full of activity – the government was busy with significant policy and legislative changes. Typically this period sees a number of executive actions. Given the workloads we all face, it is difficult to keep abreast of all these developments. In this update we have outlined a number of important changes relevant to people working in and dealing with governments.
